ML20151X192
| ML20151X192 | |
| Person / Time | |
|---|---|
| Site: | Shoreham File:Long Island Lighting Company icon.png |
| Issue date: | 04/27/1988 |
| From: | Kline J, Lanpher L KIRKPATRICK & LOCKHART, NEW YORK, STATE OF, SOUTHAMPTON, NY, SUFFOLK COUNTY, NY |
| To: | Gleason J, Kline J, Shon F Atomic Safety and Licensing Board Panel |
| References | |
| CON-#288-6177 OL-3, NUDOCS 8805040078 | |
| Download: ML20151X192 (2) | |
Text
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s/ A KIRKPATRICK & LOCKHART i
soum toaav. 7m rtooR 00' qife excassce,tsci UN' 53 STATE STurr 1800 M STREET, N.W.
WASHINGTON, D.C. 200 4 5891 n2
'88 APR 29 AlQ34cxtu xvou M1AM1. Ft 33131 TEuPHONE (20D M&M 005) 37441la Trux ue ee rt oc u 0FFILi. Da 5tL;t iO DOCKi'l(
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Ttucorn con nSeico 7,
H'D 35W LATRENCE CoE LANPHER (202) M&9011 April 27, 1988
?
James P.
Gleason, Chairman Dr. Jerry R.
Kline Mr. Frederick J.
Shon Atomic Safety and Licensing Board U.S.
Nuclear Regulatory Commission Washington, D.C.
20555 Re:
Docket No. 50-322-OL-3 Emergency Planning
Dear Mr. Chairman and Members of the Board:
The Governments have received "LILCO's Response to Govern-ments' Objection to Portiens of February 29 and April 8 Orders in the Realism Remand and Offer of Proof," dated April 22, 1988
("Response").
The Governments hereby inform the Board that they
- ill reply to LILCO's Response as soon as possible.
In the cover letter accompanying LILCO's Response, LILCO's counsel asserts that the Governments have no right to reply to LILCO's filing.
That is untrue.
Regardless of title, LILCO's Response is clearly a motion, since t seeks affirmative relief, i.e., the dismissal of contentions.1 Further, LILCO's Response contains new issues pertaining to discovery matters which are not mentioned in the Governments' Objections.
The Governments obviously must have an opportunity to respond to LILCO's request to have pending contentions dismissed, in addition to its discovery-related allegations.
1/
If LILCO's filing really were simply a response to the Governments' Objections, then the filing would be unauthorized.
See 10 CFR S 2.751a(d),
h O
8805040070 080427
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KIRKPATRICK & LOCKHART James P. Gleason, Chairman Dr. Jerry R.
Kline Mr. Frederick J.
Shon Atomic Safety and Licensing Board April 27, 1988 Page 2 Accordingly, the Governments will file a reply to LILCO's motion in the near future.
Sincerely yours, h
Lawrence Coe Lanpher cc:
All Counsel Docketing and Service Licensing Board Panel